Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S266854
|
People v. Renteria
Application of gang enhancement required substantial evidence that defendant, acting on his own, specifically intended his actions to promote his gang's criminal activities. |
Criminal Law and Procedure |
|
L. Kruger | Aug. 26, 2022 |
S099844
|
People v. Ramirez
Denial of defendant's motions to change venue was proper because media coverage and victim's popularity in the community did not raise a reasonable likelihood that impartial jurors could not be impaneled. |
Criminal Law and Procedure |
|
C. Corrigan | Aug. 26, 2022 |
S254554
|
People v. Aguayo
Since assault with a deadly weapon and assault likely to cause great bodily injury are different statements of the same offense, defendant could not be convicted of both offenses for one course of conduct. |
Criminal Law and Procedure |
|
M. Jenkins | Aug. 26, 2022 |
S258574
|
Modification: County of Butte v. Dept. of Water Resources
Federal Power Act did not preempt state water agency from exercising authority over its own license application to operate state's water facilities. |
Government |
|
G. Liu | Aug. 26, 2022 |
B316261
|
In re E.L.
Additional evidence regarding the applicability of the Indian Child Welfare Act may be admitted by reviewing courts to expedite proceedings and consequently, the children's adoption. |
Dependency |
|
A. Gilbert | Aug. 25, 2022 |
20-56404
|
Martinez v. Newsom
California special needs students and their parents could not bring an Individuals with Disabilities Education Act claim against California school districts since they failed to exhaust all administrative processes. |
Disability Discrimination |
|
M. Smith | Aug. 25, 2022 |
21-55013
|
P and P Imports v. Johnson Enterprises
In the context of trade dress, showing secondary meaning only requires that the public associates the features as coming from a single source or company, even if they cannot identify the source. |
Intellectual Property |
|
K. Lee | Aug. 25, 2022 |
C094984
|
Modification: Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
Vineyard giving a nonoperational pizza oven to a grocery store for a promotional display did not constitute furnishing a "thing of value" in violation of the Business and Professions Code. |
Commercial Law |
|
P. Krause | Aug. 25, 2022 |
C094077
|
West Coast University, Inc. v. Board of Registered Nursing
A significant increase in annual student enrollment in nursing schools constitutes a substantive change requiring Board of Registered Nursing authorization. |
Education |
|
L. Mauro | Aug. 25, 2022 |
A163843
|
King v. Pacific Gas & Electric Co.
Surviving spouse was entitled to intervene in wrongful death action filed by a personal representative, decedent's former spouse, so long as surviving spouse met statutory requirements for mandatory intervention. |
Civil Procedure |
|
I. Petrou | Aug. 24, 2022 |
B313971
|
Cameron v. Las Orchidias Properties, LLC
"Property" as used in the Elder Abuse Act included a displaced tenant's right to re-rent under the Los Angeles Municipal Code and the Ellis Act. |
Torts |
|
C. Moor | Aug. 24, 2022 |
H048092
|
Paredes v. Credit Consulting Services, Inc.
Plaintiff could show a probability of prevailing on the merits since the filing of the underlying lawsuit tolled the one-year statute of limitations for her permissive cross-complaint. |
Civil Procedure |
|
A. Danner | Aug. 24, 2022 |
19-50253
|
U.S. v. Jaimez
Defendant's money laundering conspiracy conviction was upheld because there was extensive evidence that foot soldiers like him were involved in and understood the gang's money laundering operation. |
Criminal Law and Procedure |
|
D. Bress | Aug. 24, 2022 |
E078370
|
In re Dominick D.
Indian Child Welfare Act duty to conduct initial inquiry was not complete where welfare department failed to ask all relevant parties whether the child may have Native American ancestry. |
Dependency |
|
F. Menetrez | Aug. 24, 2022 |
A163366
|
Modification: In re Jason V.
Nunc pro tunc order correcting the period of confinement imposed was permissible because the juvenile court was merely effectuating its discretionary decision and not retroactively altering it. |
Juveniles |
|
C. Mayfield | Aug. 24, 2022 |
B312729
|
Cam-Carson, LLC v. Carson Reclamation Authority
City of Carson could be held liable for the alleged mismanagement of its environmental agency since highly integrated public entities are not immune from alter ego liability. |
Administrative Agencies |
|
E. Grimes | Aug. 24, 2022 |
B314532
|
In re J.R.
Father had standing to maintain an appeal where welfare department failed to afford mother with constitutionally adequate notice of proceedings to terminate her parental rights in contravention of her due process rights. |
Dependency |
|
H. Bendix | Aug. 24, 2022 |
B309098
|
Gutierrez v. Chopard USA Ltd.
Awarding plaintiff attorney fees and costs was not error where joint stipulation executed by the parties expressly stated defendant would not dispute liability or entitlement to fees and costs. |
Remedies |
|
C. Moor | Aug. 23, 2022 |
S259954
|
In re Milton
The Gallardo rule does not apply retroactively to cases on collateral review because it is procedural in nature. |
Criminal Law and Procedure |
|
M. Jenkins | Aug. 23, 2022 |
21-56047
|
G and G Closed Circuit Events v. Liu
Summary judgment was appropriate where plaintiff failed to provide evidence regarding the method of transmission in a Cable Communications Policy Act and Communications Act claim. |
Torts |
|
M. McKeown | Aug. 23, 2022 |
21-10127
|
U.S. v. Ramirez-Ramirez
Defendant's right to a public trial was violated when the district court made only a written finding of guilt rather than announcing it in a public proceeding. |
Criminal Law and Procedure |
|
R. Paez | Aug. 23, 2022 |
S265668
|
People v. Hendrix
Erroneous jury instruction on mistake of fact for burglary was prejudicial because there was more than an abstract possibility the outcome would have been different if the instruction was correct. |
Criminal Law and Procedure |
|
L. Kruger | Aug. 23, 2022 |
20-56284
|
Nguyen v. Frauenheim
Defendant's *Batson* claim on habeas review failed because even if the court were to create a new rule establishing a new cognizable group, it could not be retroactively applied to defendant's claims. |
Criminal Law and Procedure |
|
M. Smith | Aug. 22, 2022 |
20-15291
|
Chamber of Commerce v. Bonta
Order |
|
Aug. 23, 2022 | ||
A164334
|
In re J.R.
Termination of a mother's parental rights was affirmed because she failed to present evidence supporting application of the beneficial relationship exception. |
Dependency |
|
T. Stewart | Aug. 23, 2022 |
D079208
|
People v. Nieber
Magistrate's finding that there was insufficient evidence that defendant was a major participant was not comparable to a jury acquittal that would establish eligibility for Penal Code Section 1172.6 resentencing. |
Criminal Law and Procedure |
|
R. Huffman | Aug. 23, 2022 |
B311482
|
Franklin v. Santa Barbara Cottage Hospital
Doctor who performed allegedly negligent back surgery was not an ostensible agent of the hospital because he was expressly not an agent or employee of the hospital and there were no representations to the contrary. |
Torts |
|
K. Yegan | Aug. 23, 2022 |
G060656
|
People v. Salgado
After recall and resentencing, a criminal defendant's judgment is no longer final, so the defendant was entitled to the application of newly enacted, ameliorative laws during resentencing. |
Criminal Law and Procedure |
|
W. Bedsworth | Aug. 22, 2022 |
B312967
|
Logan v. Country Oaks Partners
Advance health care directive and power of attorney for health care decisions did not authorize appointee with authority to sign an optional arbitration agreement. |
Arbitration |
|
B. Currey | Aug. 22, 2022 |
20-17416
|
Amended Opinion: Transgender Law Center v. Immigration and Customs Enforcement
ICE and DHS did not demonstrate beyond a material doubt the adequacy of their responses to plaintiffs' Freedom of Information Act requests regarding the death of a transgender asylum seeker. |
Administrative Agencies |
|
M. McKeown | Aug. 22, 2022 |